HomeMy WebLinkAboutOrdinance No. 0873CITY OF MEDINA
ORDINANCE NO. 873
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON AMENDING CHAPTER 17.48 OF THE MEDINA
MUNICIPAL CODE TO ALLOW OFF -SITE ACCESSORY
USES AND BUILDINGS
WHEREAS, Chapter 17.48 of the Medina Municipal Code contains regulations
relating to accessory buildings; and
WHEREAS, the Director of Development Services, acting as the City Manager
designee, issued a code interpretation determining that accessory buildings and off-
street parking spaces must be located on the same parcel as the owner's primary single-
family dwelling; and
WHEREAS, there is a desire by the City Council to allow, under limited
circumstances, for certain accessory uses to be located off -site from the parcel
containing the owner's single-family dwelling; and
WHEREAS, Land Use Policy LU-P1 provides that the City shall minimize
changes to existing zoning and land use patterns except as to meet land use goals, such
as maintaining Medina's high -quality residential setting and character, when deemed
necessary by its citizens; and
WHEREAS, pursuant to RCW 36.70A.106, a notice of intent to adopt and
requesting expedited review was transmitted to the Washington State Department of
Commerce on March 21, 2011, which was granted on April 14, 2011; and
WHEREAS, the Planning Commission, after providing public notice, held a public
hearing on April 26, 2011, and forwarded a recommendation to the City Council in
support of a code amendment to allow, under limited circumstances, for certain
accessory uses to be located off -site from the parcel containing a property owner's
single-family dwelling; and
WHEREAS, the City Council held a public hearing on June 13, 2011, to receive
public testimony for and against the proposal; and
WHEREAS, a State Environmental Policy Act (SEPA) threshold Determination of
Nonsignificance (DNS) for the proposed code amendment was issued on April 7, 2011,
pursuant to WAC 197-11-340(1); and
WHEREAS, the City Council finds that the proposed code amendment is
consistent with the goals and policies of the Medina Comprehensive Plan for protecting
the high quality residential setting of the community and reducing the need for lot
consolidations by property owners of contiguous parcels; and
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WHEREAS, the City Council finds that the code amendment bears a substantial
relation to the public health, safety and welfare by regulating the use and specifications
of accessory uses and buildings when they are located off -site from a single-family
dwelling; and
WHEREAS, the City Council finds the code amendment advances the public
interest by protecting the existing detached single-family dwelling development pattern of
the community when a property owners wishes to develop multiple lots as a single unit.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Section 17.48.010 of the Medina Municipal Code is amended to read
as follows:
A. Separate accessory uses and buildings((, ))
whose use is accessory and incidental to that of a single-family dwelling shall be
permitted pursuant to MMC 17.48.020 subject to the setback and other limitations
applicable to buildings in the land use district where such dwelling is located.
B. Where the area of the building site is sufficient to support two or more single-family
dwellings in the land use district where it is located, separate ((
)) single family dwellings may be erected and maintained
((as if the same—weFe themselves oiRglo_family dwelliRgG )) subject to the
setbacks and other limitations applicable to buildings in the land use district where
such dwellings are located. ((6ame FegulatieR6, and used as questhouses,
quarters, or for .
r,i+nn�rif�rmirr. U 696.))
Section 2. A new Section 17.48.020 of the Medina Municipal Code is adopted to
read as follows:
17.48.020 Location and off -site exceptions.
A. Accessory uses and buildings must be located on the same lot as the lot containing a
principal use, except the following may be located off -site provided the conditions in
MMC 17.48.020(B) are satisfied:
1. Accessory recreational facilities prescribed in MMC 14.08.020(B)(2) and
17.52.050;
2. Improved surface areas and detached garages for off-street accessory parking;
3. Accessory buildings containing gardening and similar types of uses;
4. Accessory storage sheds; and
5. Accessory playhouses, cabanas, beach houses and similar accessory uses.
B. For an accessory use or building to be located off -site, the following conditions must
be satisfied:
1. The use or building must be incidental to an existing single-family dwelling;
2. The lot containing the use or building must be contiguous to and under the same
ownership as the lot containing the single-family dwelling the use or building is
incidental to;
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3. No more than two accessory buildings or uses may be located off -site from the
single-family dwelling they are incidental to;
4. In addition to development requirements prescribed elsewhere by the Medina
Municipal Code, the following shall apply:
a. Maximum height of structures shall be 15 feet above the existing grade;
b. The gross , floor area of buildings and structures shall not exceed 1,000
square feet;
c. Roof eaves shall not protrude more than two feet from the exterior walls of a
building; and
d. Impervious surface area, excluding the footprint of any building or structure
housing an accessory use, shall not exceed 2,000 square feet.
C. To inform subsequent purchasers about the restriction set forth in MMC
17.48.020(B)(2), the owner of the real property shall record a notice on the title of the
subject lot containing the accessory use and/ or building with the following
information:
1. A statement about the condition for the same ownership set forth in MMC
17.48.020(B)(2); and
2. A statement that a breach of this condition is a violation of the Medina Municipal
Code subject to enforcement action prescribed by the Medina Municipal Code.
D. The notice on the property's title shall be recorded with the King County Recorder's
Office and shall run with the land. The notice may be removed if transfer of
ownership of the subject property does not cause a violation of the Medina Municipal
Code.
E. Failure by a property owner to provide notice as prescribed by this Section to a
purchaser of the subject property prior to the transferring of interest in the property
shall be a violation of the Medina Municipal Code subject to enforcement action
prescribed under Chapter 1.15 MMC.
Section 3. Severability. If any section, sentence, clause, or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other
section, sentence, clause, or phrase of this ordinance.
Section 4. Effective Date. This ordinance shall be published in the official
newspaper of the City, and shall take effect and be in full force five (5) days after the
date of publication.
PASSED BY THE CITY COUNCIL ON THIS 13 DAY OF JUNE, 2011 AND SIGNED IN
AUTHENTICATION OF ITS PASSAGE ON THE 13 DAY OF JUNE „�011.
i
Bre Jordan, Mayor
Approved as to form:
Bruce Disend, City A torney
Attest:
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Rak r Ba e ,City Clerk